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Car seat laws in New Mexico

What New Mexico law requires at each stage, from rear-facing to the front seat, next to what NHTSA and the AAP recommend. Plus the fine and where to get a free car seat check.

Checked October 2026 · 11 sources · Not legal advice

Short answer

New Mexico requires a rear-facing seat in the back seat under age 1, a child safety seat through age 4 (or under 40 pounds), and a booster or car seat for ages 5 and 6 (or under 60 pounds). Children 7 through 12 may use a car seat or a seat belt, and everyone under 18 must be restrained.

Sources: New Mexico Legislature; New Mexico State Records Center and Archives. Data as of October 2026.

What does New Mexico car seat law require at each age?

The law sets the minimum. NHTSA and the AAP recommend keeping each stage until your child outgrows the seat, which usually means longer.

New Mexico car seat law at each stage, beside NHTSA and AAP guidance
StageWhat New Mexico law requiresNHTSA and AAP guidance

Rear-facing car seat

Best practice goes further

Children under 1 must ride in a rear-facing child restraint that meets federal standards, in the rear seat if the vehicle has one.

NHTSA and the AAP recommend keeping your child rear-facing as long as possible, until they reach the top height or weight limit allowed by the car seat's manufacturer. A child under age 1 should always ride rear-facing, and most convertible seats allow rear-facing for 2 years or more.

Forward-facing seat with a harness

Best practice goes further

Children 1 through 4, regardless of weight, and children under 40 pounds, regardless of age, must ride in a child passenger restraint device that meets federal standards. The statute doesn't say it must have a harness.

NHTSA and the AAP recommend using a forward-facing car seat with a harness and tether once your child outgrows the rear-facing limits, for as long as possible, up to the highest weight or height the seat's manufacturer allows.

Booster seat

Best practice goes further

Children 5 and 6, regardless of weight, and children under 60 pounds, regardless of age, must ride in a booster seat or a child restraint that meets federal standards.

NHTSA and the AAP recommend using a belt-positioning booster seat after your child outgrows the harnessed seat, until the vehicle seat belt fits properly, typically when they reach about 4 feet 9 inches tall and are 8 to 12 years old.

Seat belt

Children 7 through 12 may use a child restraint or a seat belt. A child is properly belted when the lap belt lies across the thighs and hips, not the stomach, and the shoulder belt crosses the chest, not the neck. Every passenger under 18 must be in a child restraint or a seat belt.

NHTSA and the AAP recommend moving to the seat belt alone only when it fits: the lap belt lies snugly across the upper thighs, not the stomach, and the shoulder belt crosses the middle of the chest and shoulder, not the neck or face. Children big enough for the belt alone should always use a lap and shoulder belt.

Back seat

Best practice goes further

A child under 1 must ride rear-facing in the rear seat if the vehicle has one. If there's no rear seat, the child may ride in front if the passenger airbag is deactivated or the vehicle has no deactivation switch.

NHTSA and the AAP recommend keeping all children younger than 13 in the back seat.

The law: N.M. Stat. Ann. § 66-7-369, in effect since 2005.

Sources: New Mexico Legislature; New Mexico State Records Center and Archives; New Mexico Motor Vehicle Division; Insurance Institute for Highway Safety. Data as of October 2026.

What are the fines and exemptions in New Mexico?

First offense

$25

The penalty assessment for a child not in a restraint device or seat belt is $25. The violation adds 2 points to the driver's license.

Exemptions

Authorized emergency vehicles, public transportation and school buses are exempt. The rules also don't apply when every seating position with a seat belt is occupied.

Questions about the law

This is general information, not legal advice. For how the law applies to you, ask New Mexico Motor Vehicle Division.

The current text comes from Laws 2005, ch. 298 (SB 586, signed 2005-04-07). The 2026 bill SB 313 reprints § 66-7-369 with subsections A through C unchanged, which confirms the text is still current; that bill died. The $25 fine is the existing-law amount in the § 66-8-116 penalty assessment schedule, as reprinted in 2025 SB 265 (which would have raised it to $100 and died). The 2 points come from 18.19.5.52(G) NMAC. The MVD page differs from the statute in two places: it says rear-facing 'until at least age 1 and 20 pounds' (the statute says under 1, with no weight) and that children 7 to 12 'must' use a booster (the statute allows a child restraint or a seat belt from 7). The statute governs. IIHS (October 2026) matches the statute.

Where can you get your car seat checked for free?

Certified child passenger safety technicians check car seats at inspection stations nationwide. NHTSA says they inspect seats free of charge in most cases and show you how to install and use the seat correctly, and some locations offer virtual inspections. Search NHTSA's locator by ZIP code or city (it can filter for Spanish-speaking technicians), or find a technician through Safe Kids Worldwide.

Find an inspection station How to get a free car seat

Sources: National Highway Traffic Safety Administration; American Academy of Pediatrics (HealthyChildren.org)

Where are the car seat inspection stations in New Mexico?

NHTSA's locator lists 8 car seat inspection stations in New Mexico, in 6 cities and towns. Albuquerque has the most (3).

8

inspection stations in NHTSA's locator

NHTSA, October 2026

6

cities and towns with a station

NHTSA, October 2026

0

flagged as Spanish-speaking; ask when you call

NHTSA, October 2026

1

of 8 records updated since 2023

Newest: September 4, 2024

Cities with the most stations

  1. Albuquerque3 stations
  2. Carlsbad1 station
  3. Farmington1 station
  4. Las Cruces1 station
  5. Rio Rancho1 station
  6. Santa Fe1 station
Search NHTSA's locator by ZIP

Source: National Highway Traffic Safety Administration. Data as of October 2026.

Choosing and getting a car seat

Infant vs convertible car seat: which to buy firstInfant vs convertible car seat, compared with AAP and NHTSA guidance: rear-facing limits, portability, when to switch, installation and free seat checks.How to get a free car seatWhere to get a free infant car seat in 2026: Medicaid plan extras, Safe Kids coalitions and 211, plus free installation checks and when a used seat isn't safe.

Questions about car seat laws in New Mexico

When can a child face forward in a car seat in New Mexico?

Children under 1 must ride in a rear-facing child restraint that meets federal standards, in the rear seat if the vehicle has one. NHTSA and the AAP recommend going further: keeping your child rear-facing as long as possible, until they reach the top height or weight limit allowed by the car seat's manufacturer. A child under age 1 should always ride rear-facing, and most convertible seats allow rear-facing for 2 years or more.

When can a child stop using a booster seat in New Mexico?

Children 5 and 6, regardless of weight, and children under 60 pounds, regardless of age, must ride in a booster seat or a child restraint that meets federal standards. NHTSA and the AAP recommend going further: using a belt-positioning booster seat after your child outgrows the harnessed seat, until the vehicle seat belt fits properly, typically when they reach about 4 feet 9 inches tall and are 8 to 12 years old. The AAP says an adult seat belt fits when: the shoulder belt lies across the middle of the chest and shoulder, not the neck or throat; the lap belt is low and snug across the upper thighs, not the belly; and the child is tall enough to sit against the vehicle seat back with knees bent over the edge of the seat without slouching, and can stay that way for the whole trip. NHTSA uses the same lap-belt and shoulder-belt checks. The 5-step test, which California writes into law from January 1, 2027, asks: 1) Does the child sit all the way back against the seat? 2) Do the knees bend over the edge of the seat? 3) Does the shoulder belt snugly cross the center of the chest and shoulder, not the neck? 4) Is the lap belt as low as possible, touching the thighs? 5) Can the child stay seated like this for the whole trip?

How old does a child have to be to sit in the front seat in New Mexico?

A child under 1 must ride rear-facing in the rear seat if the vehicle has one. If there's no rear seat, the child may ride in front if the passenger airbag is deactivated or the vehicle has no deactivation switch. NHTSA and the AAP recommend going further: keeping all children younger than 13 in the back seat.

What is the fine for a car seat violation in New Mexico?

The penalty assessment for a child not in a restraint device or seat belt is $25. The violation adds 2 points to the driver's license.

Where can I get a car seat inspection in New Mexico?

NHTSA's locator lists 8 car seat inspection stations in New Mexico, in 6 cities and towns. Albuquerque has the most (3). Certified technicians check seats for free in most cases. Search NHTSA's locator by ZIP code and call the station before you go.

More for parents in New Mexico

Sources

  1. 1.Laws 2005, ch. 298 (SB 586, final version), amending NMSA 1978 § 66-7-369, Child passenger restraint New Mexico Legislature. Accessed October 14, 2026.
  2. 2.SB 313 (2026), reprinting current NMSA 1978 § 66-7-369 (bill died) New Mexico Legislature. Accessed October 14, 2026.
  3. 3.SB 265 (2025), reprinting the NMSA 1978 § 66-8-116 penalty assessment schedule (bill died) New Mexico Legislature. Accessed October 14, 2026.
  4. 4.18.19.5.52 NMAC, Point system (Driver's License) New Mexico State Records Center and Archives. Accessed October 14, 2026.
  5. 5.Child Passenger Safety in New Mexico New Mexico Motor Vehicle Division. Accessed October 14, 2026.
  6. 6.Seat belt and child seat laws (table dated October 2026) Insurance Institute for Highway Safety. Accessed October 14, 2026.
  7. 7.Car Seats and Booster Seats National Highway Traffic Safety Administration. Accessed October 14, 2026.
  8. 8.Car Seats: Information for Families (last updated 4/16/2026) American Academy of Pediatrics (HealthyChildren.org). Accessed October 14, 2026.
Show all 11 sources
  1. 9.California Vehicle Code § 27363 (exemptions; current version and version operative January 1, 2027) California Legislative Information. Accessed October 14, 2026.
  2. 10.Car Seat Inspection (inspection station locator) National Highway Traffic Safety Administration. Accessed October 14, 2026.
  3. 11.Car Seat Inspection Locator API (CSSIStation) National Highway Traffic Safety Administration. Accessed October 16, 2026.

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